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(영문) 인천지방법원 2014.02.19 2014노61

도로교통법위반(음주측정거부)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although the judgment is recognized that the defendant led to the confession of the crime and is against the defendant, the defendant has been subject to criminal punishment several times due to his/her refusal to drive alcohol or to take a drunk test, considering the fact that the defendant committed the crime of this case again during the period of repeated crime, and that he/she was under the influence of alcohol while driving an accident, and that he/she became under the influence of alcohol, and other various circumstances, such as the defendant's age, character and conduct, environment, criminal record, motive and circumstance of the crime, etc., which are the conditions of the argument and the sentencing indicated in the record, it cannot be deemed that the sentence imposed by

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.